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2005-01-03
CITY-OF-BATESVILLE
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2005-01-03
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Section 5 . (a) The Series 2005 Bonds are issued pursuant <br /> to the terms of the Basic Ordinance, including Section 12 thereof, <br /> and the Basic Ordinance is incorporated herein by reference and <br /> shall serve to protect the Series 2005 Bonds and the holders <br /> thereof, on a parity of lien, pledge and security, without <br /> distinction or priority. The incorporation of the Basic Ordinance <br /> includes, without limitation, the provisions of Section 5 <br /> (maintenance of rates) , Sections 6, 7 and 8 (deposit of revenues) , <br /> Section 9 (deposits to the Bond Fund) , Section 17 (maintenance of <br /> the System) , and Section 20 (default and remedies) . <br /> (b) So long as any of the Series 2005 Bonds shall be <br /> outstanding, monthly deposits into the Bond Fund (established <br /> pursuant to Section 9 of the Basic Ordinance) shall be increased to <br /> include an amount equal to not less than the amortized monthly <br /> payment due for the then next month with respect to the Series 2005 <br /> Bonds . <br /> (c) The terms of the Basic Ordinance, as heretofore <br /> amended, are confirmed except as amended or modified by this <br /> Ordinance . <br /> Section 6 . When the Series 2005 Bonds have been executed <br /> and the seal of the City impressed as herein provided, they shall <br /> be delivered to the Trustee, and the Trustee shall authenticate <br /> them and deliver them upon payment in cash of the purchase price <br /> of $490, 000 plus accrued interest, if any, to the date of delivery <br /> ( "total sale proceeds" ) . The Trustee shall disburse the total sale <br /> proceeds as set forth in detail in a letter of delivery <br /> instructions delivered to the Trustee, as follows : <br /> (1) The Trustee shall deposit the amount of the accrued <br /> interest, if any, in the Bond Fund. <br /> (2) The Trustee shall pay such costs of issuance of the <br /> Series 2005 Bonds as shall be specified in the letter of delivery <br /> instructions . <br /> (3) The balance of the total sale proceeds shall be <br /> deposited in an account with the Trustee designated the 112005 Water <br /> and Sewer Improvement Fund" (the "Improvement Fund" ) and disbursed <br /> for the acquisition, construction and installation of the <br /> Improvements, on the basis of requisitions signed by the Manager of <br /> the System or such other person who may be designated by the <br /> Commission in a writing filed with the Trustee . When the <br /> Improvements shall be completed the Manager (or other designated <br /> officer) shall so state in a writing filed with the Trustee and any <br /> balance then remaining in the Improvement Fund shall be transferred <br /> to the Bond Fund. <br /> Moneys in the Improvement Fund may be invested in (a) <br /> [ Permitted Investments (within the meaning of the Basic Ordinance or <br /> �r 8 <br />
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